Abhishek Durga Dethan And ORS v. State Of NCT Of Delhi And ANR
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ABHISHEK DURGA DETHAN AND ORS .....Petitioners Through:
Mr.Vedant Singh, Mr.Vishisht Singh, Mr.Navneet Singh, Mr.Vansh Kalra and Mr.Tarang Tyagi, Advocatesalongwith petitioners versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Ms.Priyanka Dalal, APP for the State alongwith SI Kishan Chand, P.S.- Dwarka South Mr.Shashank Bajpai, CGSC with Ms.Aashna Mehra, Ms.Reeta Vasishta and Mr.Vatsal Tripathi, Advocates for R-2alongwith R-2
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 20.08.2025 1.
Petitioners herein seek quashing of an FIR No.0249/2021 dated 07.06.2021 for the alleged offences punishable under Sections 34, 406, 498A IPC, registered at Police Station Dwarka South, along with any consequential proceedings arising therefrom, on the basis of a compromise between the parties. Dispute arose due to the matrimonial acrimony between petitioner no.1 (husband) and respondent no.2/complainant (wife). 2.
The couple got married on 12.12.2019 according to Hindu rites. No The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
child is born from the wedlock. Petitioner no. 2 is the father in law, petitioner no. 3 is the mother-in-law, petitioner no. 4 is the sister-in-law andpetitioner no.5 is the husband of sister-in-law of the complainant. 3.
Learned counsel for the petitioners submits that the parties have now amicably settled the matter vide MOU/ Settlement Agreement dated 06.06.2025, duly signed by both parties before the Delhi High Court Mediation and Conciliation Centre.
4.
Pursuant to the settlement thereto, it transpires that the parties have mutually agreed that petitioner no.1 shall withdraw Divorce Petition No. 1144/2023 and the parties shall file a fresh divorce petition by way mutual consent under Sections 13-B(1) and 13-B(2) of the Hindu Marriage Act, 1955.
5.
The parties are present in Court, and I have interacted with them. Upon a query put to Respondent No. 2, she candidly submits that she has amicably resolved her differences. She has entered into the settlement of her own free will, without any pressure, coercion, or undue influence. She further states that the allegations levelled at the time of the incident, arose within the family due to heated tempers and altercations. In view of the settlement, she affirms that she does not wish to pursue the proceedings any further.
6.
In the aforesaid backdrop, I have heard learned counsels for the parties and perused the case file.
7.
Since respondent no.2 does not wish to press charges against the petitioners, and in the absence of any incriminating material against them, coupled with the fact that the parties have amicably compromised the matter, continuation of the proceedings would amount to an abuse of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
process of law.
8.
The dispute between the parties, being private and personal in nature arising out of their matrimonial relationship, has been amicably resolved. The complainant herself does not wish to pursue the case. In these circumstances, continuation of the criminal proceedings would serve no useful purpose, would unnecessarily burden the judicial system, and may even rekindle hostility between the parties, thereby defeating the very object of the settlement, whereas quashing the same would foster peace and harmony between them.
9.
Thus, in the larger interest of justice, and in exercise of the inherent powers vested in this Court, it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the private parties.Reference may also be made to the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303].
10.
Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR No.0249/2021 dated 07.06.2021 for the alleged offences punishable under Sections 34, 406, 498A IPC, registered at Police Station Dwarka South, against petitioner nos. 1 to 5, along with all consequential proceedings arising therefrom, are hereby quashed. 11.
All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 20, 2025 dy The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.